Issuance Text
NPC Circular No. 2023-01
Date: 17 May 2023
Subject: SCHEDULE OF FEES AND CHARGES OF THE NATIONAL PRIVACY COMMISSION
WHEREAS, Executive Order No. 292, otherwise known as the “Administrative Code of 1987”, authorizes all agencies to charge fees, including honoraria, and other reasonable allowances, as compensation for consultation, seminars or training programs, or technical services rendered to other government agencies or private parties;
WHEREAS, the National Privacy Commission (NPC) was created under Republic Act No. (R.A.) 10173, otherwise known as the “Data Privacy Act of 2012” (DPA), in order to discharge the duty of the State to protect individual personal information in information and communications systems in the government and the private sector;
WHEREAS, the Administrative Code of 1987 provides that heads of bureaus, offices, or agencies, upon approval of the concerned department head, have the continuing authority to revise their rates of fees and charges to recover the cost of the service rendered;
WHEREAS, Administrative Order No. 31 series of 2012 states that the rates of fees and charges collected must be just and reasonable to enable the government to provide services without straining the National Government’s resources effectively;
WHEREAS, Administrative Order No. 31 allows the collection of fees to reduce or minimize government spending while allowing the continued performance of services to the public through efficient resource management and in recognition of the cost recovery principle;
WHEREAS, DOF-DBM-NEDA Joint Circular No. 1-2013 provides the procedures in imposing new fees in all departments, bureaus, commissions, agencies, offices and instrumentalities of the National Government;
NOW, THEREFORE, the NATIONAL PRIVACY COMMISSION, by virtue of the authority vested by law, hereby adopts the following schedule of rates of fees:
Section 1. Schedule of Fees. Hereunder is the list of all the fees and charges to be imposed and collected by the NPC:
| PARTICULARS | Rates |
|---|---|
| Complaints and Investigation | |
| Filing Fee for Complaints | Php 500.00 |
| Additional Fee for Claims of Damages | |
| a. Not more than Php 20,000.00 | Php 150.00 |
| b. More than Php 20,000.00 up to Php 100,000.00 | Php 500.00 |
| c. For every succeeding Php 100,000.00, or a fraction thereof | Php 500.00 |
| Motion for Reconsideration | Php 500.00 |
| Application for Cease-and-Desist Order (CDO) | Php 1,000.00 |
| Cease and Desist Order Bond | If the CDO is included in the complaint, the bond shall be computed as follows: (total amount of filing fees) x (number of affected data subjects) Sample: Php 500.00 x 1 = Php 500.00 If the CDO is filed separately, the bond shall be computed as follows: (total amount of filing fees) x (number of affected data subjects based on the application filed) Sample: Php 1,000.00 x 1 = Php 1,000.00 * In no case shall the amount of the bond exceed Php 100,000.00. |
| Certificate of No Pending Case | Php 500.00 |
| Temporary Ban Bond | The amount of bond shall be computed as follows: (total amount of filing fees) x (number of affected data subjects based on the complaint filed) Sample: Php 500.00 x 1 = Php 500.00 * In no case shall the amount of the bond exceed Php 50,000.00 |
| Legal Research Fee | 1% of the filing fee but not less than Php 10.00 |
| Indigent Litigants are exempt from payment of legal fees: a. Those whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee; and b. Those who do not own real property with a fair market value as stated in the current tax declaration of more than Three Hundred Thousand Pesos (Php 300,000.00) To be entitled to the exemption herein provided, the litigant shall provide all documents enumerated below: a. Certificate of Indigency from the Barangay where he or she resides. b. Notarized affidavit that the litigant and his or her immediate family do not earn a gross income abovementioned, nor they own any real property with the fair value aforementioned, and supported by a notarized affidavit of a disinterested person attesting to the truth of the litigant’s affidavit. c. The current tax declaration, if any, shall be attached to the litigant’s affidavit. | |
| Government agencies and its instrumentalities are exempt from paying fees and bonds. | |
| Local government and government-owned and controlled corporations with or without independent chapters are exempt from paying fees and bonds. | |
| Mediation | |
| Mediation Fee The cost of the mediation fee of Php 500.00 shall be shared equally among the parties applying for mediation (both complainant/s and respondent/s). The Mediation Fee shall cover the entire mediation process regardless of the number of scheduled mediation conferences. In case the parties re-apply for mediation after a previously terminated mediation, the parties shall again pay the mediation fee. | Php 500.00 |
| Indigent Litigants are exempt from payment of legal fees: a. Those whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee; and b. Those who do not own real property with a fair market value as stated in the current tax declaration of more than Three Hundred Thousand Pesos (Php 300,000.00) To be entitled to the exemption herein provided, the litigant shall provide all documents enumerated below: a. Certificate of Indigency from the Barangay where he or she resides. b. Notarized affidavit that the litigant and his or her immediate family do not earn a gross income abovementioned, nor they own any real property with the fair value aforementioned, and supported by a notarized affidavit of a disinterested person attesting to the truth of the litigant’s affidavit. c. The current tax declaration, if any, shall be attached to the litigant’s affidavit. | |
| Government agencies and its instrumentalities are exempt from paying mediation fees. | |
| Local government and government-owned and controlled corporations with or without independent chapters are exempt from paying mediation fees. | |
| Online Data Processing System /Data Protection Officer Registration | |
| Initial Registration Fees | |
| Individual/Professional | Php 500.00 |
| Public and Private Organization | |
| 1. Multinational/ National/ Foreign Branch | Php 2,500.00 |
| 2. Regional/ Provincial/ Metro Manila areas/ Cities | Php 1,000.00 |
| 3. Municipalities | Php 500.00 |
| Registration Renewal Fees | |
| Individual/ Professional | Php 350.00 |
| Public and Private Organization | |
| 1. Multinational/ National/ Foreign Branch | Php 1,000.00 |
| 2. Regional/ Provincial/ Metro Manila areas/ Cities | Php 500.00 |
| 3. Municipalities | Php 350.00 |
| Major Amendments (a) Name of PIC/PIP (b) Principal Office Address of PIC/PIC/Individual Professional | |
| 1. Multinational/ National/ Foreign Branch | Php 2,500.00 |
| 2. Regional/ Provincial/ Metro Manila areas/ Cities | Php 1000.00 |
| 3. Municipalities | Php 500.00 |
| 4. Individual Professional | Php 500.00 |
| Other Registration Fees | |
| Validation/ Authentication/ Certified True Copy of Certificate of Registration (COR) | Php 100.00 |
| Recovery of Inaccessible DPO Accounts | Php 5,000.00 |
| Advisory Opinion and Legal Research | |
| Request for Advisory Opinion | Php 7,500.00 |
| Legal Research Fee for issuance of Advisory Opinions | Php 75.00 |
| Enforcement | |
| Certified True Copies (CTC) of any paper, record, decree, judgment, or entry thereof | Php 10.00 per page plus Php 50.00 authentication fee per document |
| Request for issuances of clearances and certifications | Php 50.00 per document |
| Legal Research Fee for issuance of clearances and certifications. | 1% of the filing fee imposed but in no case lower than Php 10.00 |
Section 2. Fees Payable in Advance. All fees shall be collected in advance of any service to be rendered or materials to be furnished. Upon the filing of a complaint or other application which initiates a service to be rendered or materials to be furnished, the fees prescribed therefor shall be paid in full. The NPC shall not act on any pending transaction or request unless the prescribed fee is paid in full on or before the due date.
In case of indigent litigants as stated under Section 1, all requirements for exemption shall be submitted and attached with the application or request form.
Section 3. Date of Payment. Fees shall be considered to have been paid as follows:
- a. For Cash Payment: The date of receipt in cash of the amount due in full.
- b. For Check Payments: The manager’s check shall be payable to the National Privacy Commission. The date of receipt is honored upon first presentment and provided that the payment covers the amount due in full.
- c. For Online Payment: The date of proof of online transfer or payment.
Section 4. Time and Place of Payment. Payment transactions shall be made during regular working days and business hours, from Monday to Friday 8:00 a.m. to 5:00 p.m. to the NPC Cashier.
Online payments, if applicable, shall be coursed through an official online payment partner of the NPC.
Section 5. Error or Mistake in Payments. In case of excess amount paid, the payor may file with the concerned division a request for refund within thirty (30) working days from the date of payment. All requests for refund of the excess amount paid shall be endorsed by the concerned division to Finance and Administrative Office (FAO) within five (5) working days from the receipt of the request.
The FAO shall evaluate the request, and if meritorious, the excess amount shall be processed in accordance with the established guidelines of the Department of Budget and Management and Bureau of Treasury. The refunded amount shall be released to the payor within five (5) working days from the receipt of its corresponding Notice of Cash Allocation.
In case the request is not meritorious, the payor shall be informed at the contact information indicated in the request for refund.
Section 6. Non-refundable payments. Fees paid pursuant to Section 1 hereof, shall be non-refundable, except in cases wherein Section 5 is applicable.
Section 7. Annual Review. Pursuant to Sec 5.1 and 5.2 of DOF-DBM-NEDA Joint Circular No. 1 series of 2013, and Executive Order Nos. 159 and 197, this Commission shall review the adopted fees annually from the date of its approval.
Section 8. Separability Clause. If any provision of this Circular be declared invalid or unconstitutional, other provisions hereof which are not affected thereby shall continue to be in full force and effect.
Section 9. Effectivity. This Circular shall take effect fifteen (15) days after its publication in a newspaper of general circulation.
Approved:
Sgd.
ATTY. JOHN HENRY D. NAGA
Privacy Commissioner
Sgd.
ATTY. LEANDRO ANGELO Y. AGUIRRE
Deputy Privacy Commissioner
On official leave
ATTY. NERISSA N. DE JESUS
Deputy Privacy Commissioner